Sena Vs Sena: CJI Assures Case Will Be Heard, As Sibal Flags Plea Not Being On SC List

Senior Advocate Kapil Sibal flagged in the Supreme Court that the petition filed by Uddhav Thackeray faction challenging the decision of Maharashtra speaker was not listed.

Chief Justice of India (CJI) DY Chandrachud assured Sibal that the case will be listed and heard.  ( Image Source :PTI )

Senior Advocate Kapil Sibal on Monday mentioned in the Supreme Court that the petition filed by Uddhav Thackeray faction of Shiv Sena challenging the decision of Maharashtra speaker was not listed, despite an order for it to be listed on February 5.

"It was to be listed today. If it can be listed, elections are to be held." Sibal urged the court.

Chief Justice of India (CJI) DY Chandrachud assured Sibal that the case will be listed and heard. The UBT Shivsena faction has time and again emphasised in the court, that the case should be heard before the next Assembly elections. The top court had also time and again observed that the issue of disqualification petition should be decided before the elections.

Maharashtra is slated to go into Assembly elections before October this year. The apex court's decision will decide the fate of the fight for "real Shivsena".

On January 22, The top court had issued notices to Maharashtra Chief Minister Eknath Shinde and other MLAs of his group on a petition filed by Uddhav Thackeray faction of Shiv Sena challenging the January 10 verdict of Maharashtra Assembly Speaker Rahul Narwekar on the disqualification petitions.

 

The bench headed by CJI DY Chandrachud had also asked Sibal whether the case should be heard by the Supreme Court or High Court.

 

Sibal reasoned with the court that since Narwekar's verdict goes against the Supreme Court's verdict in the Subhash Desai case, the case should be heard by the top court. The Shinde faction was given two weeks time to respond to the notices by the top court.

 

On January 15, the Shivsena faction led by Thackeray moved the apex court against Maharashtra speaker Rahul Narwekar dismissing disqualification petitions against Eknath Shinde and 38 MLAs. Following this the Shinde faction challenged the verdict in Bombay High Court.

 

The Shinde faction has challenged the Speaker's verdict for not disqualifying the MLAs in Uddhav's faction.

Maharashtra Assembly Speaker pronounced his verdict on January 10, in favour of the Eknath Shinde faction of Shiv Sena on Wednesday. However, he did not disqualify MLAs from Uddhav's faction as well.

Narwekar said that he relied on the Supreme Court's judgment in the Subhash Desai case, and the jurisdiction of the Speaker in deciding defection petitions as provided by the 10th Schedule of the Indian Constitution, which deals with the anti-defection law.

The Speaker, while delivering his verdict, said he was of the view that the last relevant constitution of the Shiv Sena with the Election Commission of India was the one submitted in 1999, and not the 2018 one. The apex court had asked the Speaker to consider the relevant constitution to arrive at a decision.